Posted on September 13, 2014 by Federal Disability Retirement Attorney

Federal employees and Postal workers who suffer from a medical condition, where the seriousness of the medical condition begins to impact the ability and capacity to perform one or more of the essential elements of one’s job, must take a pragmatic, blunt assessment of one’s future — taking into account all of the factors necessary in order to make a proper decision.

For, in the end, the choices are starkly limited: Stay at one’s job (often not even a real choice, given that the medical condition and its impact upon one’s ability to perform the essential elements of one’s job has forced the question itself to be asked); resign and walk away with nothing, with a deferred retirement at age 65 (again, not a realistic choice, and one which should not be considered, but in the universe of options, it is the non-choice of choices); file for Federal Disability Retirement through the U.S. Office of Personnel Management (this is, obviously, the most viable of the three alternatives).

One can weigh the pros and cons of filing or not filing: the daunting administrative and bureaucratic process which must be faced; the potential for reduced income; the loss of camaraderie enjoyed for these many years; the cutting short of projects and mission essentials labored upon for so long; and a multitude of similar changes. But in the end, all pros and cons must face in the same direction, and point to the inevitable game-changer: one’s medical condition, and the impact which it has upon one’s ability, inability, capacity, or lack thereof, in performing all of the essential elements of one’s job.

Seven False Myths about OPM Disability Retirement

1) I have to be totally disabled to get Postal or Federal disability retirement.
False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job. Thus, it is a much lower standard of disability.

2) My injury or illness has to be job-related.
False: You can get disability even if your condition is not work related. If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

3) I have to quit my federal job first to get disability.
False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.

4) I can't get disability if I suffer from a mental or nervous condition.
False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

5) Disability retirement is approved by DOL Workers Comp.
False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

6) I can wait for OPM disability retirement for many years after separation.
False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.